Welcome to the Independence Administrators website – ibxtpa.com (the “Site”). Independence Administrators provides its website to you subject to the following Terms and Conditions (the “Terms and Conditions”). The Terms and Conditions govern your use of the Site and by accessing or using the material on the Site, you indicate that you understand and agree to the following provisions:
- TERMS AND CONDITIONS OF USE
Independence Administrators provides its website to you, subject to the following Terms and Conditions, which may be updated by us at any time and without notice. Unless stated otherwise, changes will be effective when they are posted. You can review the most current version of the Terms and Conditions at any time by clicking on the link entitled “Legal” located on our home page – ibxtpa.com. You will also see links to our Legal Information Statement on other pages comprising our Site.
- NO SOLICITATION OR OFFER OF MEDICAL SERVICES OR ADVICE
This Site is designed to provide general information about Independence Administrators and its products and services. Information on the Site is not intended to constitute an offer to sell or a solicitation of any particular product or service. Some products and/or services may not be available in all states and in many instances may be offered only through employers and other plan sponsors. No material contained on the Site should be construed as medical advice and/or treatment. No physician/patient relationship is created between Independence Administrators and you by reason of your use of the Site or under any circumstances. Individual inquiries about sensitive or confidential matters should be addressed to appropriate health care professionals.
- NO LEGAL ADVICE
Nothing contained, expressed, or implied in this Site is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. No attorney-client relationship is created between Independence Administrators and you by reason of your use of this Site or under any circumstances. If you have questions about any law, statute, regulation, or requirement referenced in this Site, you should contact your own legal counsel.
- HOLD HARMLESS
You agree to release and hold Independence Administrators and its subsidiaries and affiliates, and all of their directors, officers, agents, principals or other partners, and employees, harmless from any claims, demands, losses, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your violation of these Terms and Conditions, and/or your violation of law.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Independence Administrators may establish general practices and limits concerning use of its Site. You further acknowledge that Independence Administrators reserves the right to change its general practices at any time, in its sole discretion, with or without notice.
- MODIFICATIONS TO IBXTPA.COM
Independence Administrators reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, its Site (or any part thereof) with or without notice. You agree that Independence Administrators will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
- COMMUNICATIONS WITH OUR SITE
Independence Administrators welcomes your feedback and suggestions about how to improve our products and services and this Site. By transmitting any suggestions, information, material or other content (collectively, the “Materials”), to Independence Administrators you automatically grant Independence Administrators the royalty-free, perpetual, irrevocable non-exclusive right and license to use, reproduce, modify adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such Materials (in whole or in part) worldwide and/or to incorporate it in to other works in any form or media now known or later developed. Further, Independence Administrators is free to use any ideas, concepts know-how, techniques, and suggestions contained in any communications you send through the Site for any purpose, including but not limited to creating and marketing products and/or services using such information.
- INDEPENDENCE ADMINISTRATORS’ PROPRIETARY RIGHTS
You acknowledge and agree that the Site, and any necessary software used in connection with the Site, contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the content (including images, text and the “look and feel” attributes) presented to you through the Site is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. Except as expressly authorized by Independence Administrators in writing, you agree not to modify, copy, rent, lease, loan, sell, distribute or create derivative works based on the Site in whole or in part. Independence Administrators grants you a personal, non-transferable and non-exclusive right and license to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by Independence Administrators.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INDEPENDENCE ADMINISTRATORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. INDEPENDENCE ADMINISTRATORS MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INDEPENDENCE ADMINISTRATORS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INDEPENDENCE ADMINISTRATORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INDEPENDENCE ADMINISTRATORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.
Independence Administrators may notify you regarding the use of the Site via either e-mail or regular mail. Independence Administrators may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices to you generally on the Site.
- TRADEMARK INFORMATION
All trademarks, service marks and logos are proprietary to Independence Administrators or the Blue Cross and Blue Shield Association. Use or misuse of these trademarks is expressly prohibited and may violate federal and/or state trademark law. Without Independence Administrators’ prior written permission, you agree not to display or use in any manner, the trademarks, service marks and logos found on the Site. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site. Independence Administrators enforces its intellectual property rights to the fullest extent of the law.
- GENERAL INFORMATION
The Terms and Conditions constitute the entire agreement between you and Independence Administrators and govern your use of the Site, superseding any prior agreements between you and Independence Administrators. You also may be subject to additional terms and conditions that may apply when you use affiliated sites or software. The Terms and Conditions and the relationship between you and Independence Administrators will be governed by the laws of the Commonwealth of Pennsylvania, without reference to its choice of law rules. You and Independence Administrators agree to submit to the personal and exclusive jurisdiction of the courts located within Philadelphia, Pennsylvania. The failure of Independence Administrators to exercise or enforce any right or provision of the Terms and Conditions does not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
Please report any violations of the Terms and Conditions to: firstname.lastname@example.org